Tag Archives: Feb. 21 2011 issue.

Where a plaintiff prison inmate has appealed a decision dismissing his complaint alleging violations of his constitutional rights, we hold that the judgment should be affirmed but modified to include declarations: that the failure alleged in the complaint to follow the regulations specifying cell size has not substantially burdened the plaintiff's free exercise of religion under art. 46 of the Massachusetts Constitution or the First Amendment to the United States Constitution; that the conditions alleged do not violate the Eighth Amendment to the United States Constitution; and that the facts alleged in the complaint do not show a substantial burden on the plaintiff's right to exercise his religious beliefs or a violation of G.L.c. 12, §§11H & 11I, or of 42 U.S.C. §2000cc-1(a), 2(a), 3(a).

Where a defendant has appealed his convictions on heroin possession and firearm charges, the appeal cannot succeed because (1) searches of the defendant’s car and apartment were permissible, (2) no reversible error occurred in the admission of a Drug Enforcement Administration agent’s testimony about how much heroin an addict could use in a day and (3) the evidence introduced at trial was sufficient to support the defendant’s conviction for aiding and abetting the distribution of heroin.

Where a judge awarded summary judgment to a plaintiff landlord, the judge acted correctly as the evidence indicated that the defendant tenant breached a commercial lease and owed the landlord unpaid rent.